Asbestosis decisions — 2009

The appeal is remanded to the RO for additional development of evidence.

The Board denied the veteran an initial compensable rating for asbestosis due to a finding that his pulmonary impairment was primarily due to chronic obstructive pulmonary disease (COPD), which is not service-connected.

The Board denied service connection for a lung disorder claimed as due to asbestos exposure and found that new and material evidence had not been presented to reopen the claim for service connection for PTSD.

The appeal is remanded to conduct a VA examination that provides the necessary findings to determine an appropriate rating for the veteran's service-connected asbestosis.

The Board denied entitlement to an increased initial evaluation for asbestosis, finding that the preponderance of the evidence showed mild functional lung impairment due to asbestosis pleural disease without pulmonary asbestosis.

The Board denied service connection for the residuals of a shrapnel wound of the left upper back, left arm disability secondary to such wounds, chronic obstructive pulmonary disease with asthma secondary to asbestos exposure, and bilateral hearing loss.

The veteran's initial compensable rating for asbestosis was denied because the evidence did not show that his Forced Vital Capacity (FVC) or Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) met the criteria required for a compensable evaluation under DC 6833.

The veteran's claim for a compensable disability rating for asbestosis was remanded for additional medical opinion regarding the impact of non-service-connected COPD on PFT results.

The Board denied a compensable evaluation for pleural plaques and calcified asbestosis node based on the veteran's pulmonary function test results which did not meet the criteria for a 10 percent rating.

The appeal is remanded to the agency of original jurisdiction for additional development, including a VA examination.

The appeal was dismissed due to the death of the appellant.

The Board granted service connection for the cause of the veteran's death, finding that asbestosis incurred in active naval service contributed substantially and materially to his death.

The appeal is remanded for additional development, including obtaining the veteran's complete service personnel records and arranging for a VA examination to determine the nature, extent, and etiology of any pulmonary or respiratory conditions.

The veteran's asbestosis has not been found to be productive of Forced Vital Capacity (FVC) of 74 percent or less, or Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) of 65 percent or less of predicted value.

The veteran's service-connected asbestos lung disease with reactive airways disease does not warrant a rating in excess of 30 percent based on the current evidence.

The veteran's claim for service connection for asbestosis was reopened but ultimately denied due to a lack of credible evidence linking the condition to his military service.

The veteran's asbestosis does not meet the criteria for an initial, compensable rating.

The appeal for service connection for a low back disorder was denied as there is no competent evidence linking the condition to service.

The Board denied service connection for asbestosis, the cause of death, and DEA benefits due to insufficient evidence linking these conditions to the veteran's military service.

The veteran's claims for service connection for a lung disorder due to asbestos exposure and a low back disorder are being remanded for additional development, including VA examinations.